FREE Case Review (866) 588-0600

Dicamba Lawsuit | Get the Right Lawyer

Dicamba, a volatile herbicide designed for use with Monsanto’s next generation of biotech crops, has come under scrutiny for harming crops in other fields which are not resistant to the weed killer.
Awards & recognition
Free Consultation
If you or a loved one was harmed by Dicamba or suffered losses, you should fill out the claim form below immediately.

You may be entitled to file a lawsuit and we can help. Please fill out the claim form below for a Free Confidential Case Evaluation or call us toll-free 24 hrs/day for legal advice by dialing (866) 588-0600.

Start My Free Case Evaluation

What are Dicamba Herbicides?

Dicamba is a powerful herbicide that selectively kills broad-leafed weeds (as opposed to grass family plants). It is commonly used together with other herbicides such as Monsanto’s Roundup weed killer.

Although the herbicide has been used for years by some professional landscape engineers and home gardeners, typically as a component in other herbicides, it was reintroduced by the Monsanto Company for its Roundup Ready 2 Xtend soybeans, Bollgard II XtendFlex Cotton, and Bollgard 3 XtendFlex Cotton.

While Monsanto, BASF and Dupont developed GMO strains of soybean crops and cotton, the EPA has voiced concerns over the agribusiness’ proposed uses for dicamba, which is notorious for its toxicity, volatility, and potential for crops damaged. Due to its risks for Dicamba drifting and off-target movement that can cause harm to crops and soybean farmers, the EPA delayed approval of new dicamba formulations for years.

Recently, however, it approved three new formulations of the herbicide for the 2017 season that were supposedly less harmful than prior versions:

  • XtendiMax (manufactured by Monsanto)
  • Engenia (manufactured by BASF)
  • Fexapan (manufactured by Dupont)

Because these formulations entered the market without being independently tested, and because numerous farmers were misled into believing they were safer than other versions, millions of acres of crops suffered widespread damage. The conduct of Monsanto and other manufacturers amounted to a real-life experiment – one which unfortunately came at the expense of the modern farmer whose livelihoods depend on their crops.

Dicamba is currently used in approximately 1,100 herbicide products, according to the National Pesticide Information Center (NPIC) [1].

Dicamba Crop Yield Damage

There have been reports of target dicamba damaging crops and plants in Missouri, Arkansas, Tennessee, Mississippi, Illinois, Indiana, Iowa, Minnesota, North Dakota, South Dakota, Kansas, Nebraska, Kentucky, Ohio, North Carolina, Virginia, Louisiana, Alabama, Georgia, Michigan, Pennsylvania, and Wisconsin. It is estimated that approximately 3.6 million acres of soybeans experienced Dicamba crop damage.

Through surveys of state departments of agriculture, the findings identify at least 2,242 official investigations into Dicamba-related crop damage nationwide, as of August 10, 2017. Estimates from state extension weed scientists, meanwhile, show suspected Dicamba damage has affected at least 3.1 million acres overall — an area approaching the size of Connecticut.

There have been a record number of complaints about off-site movement in multiple States. In Arkansas alone, there have been at least 876 complaints made by farmers to the Arkansas Plant Board. Arkansas and Missouri enacted bans on the use of dicamba, and several other states added additional restrictions in the middle of the growing season.

Additionally, valuable crops like tomatoes, tobacco, melons, pumpkins, and fruits have also been damaged by the herbicide, as well as standing timber and ornamentals.

Monsanto sold its Dicamba resistant seeds prior to approval of the weed killer, and farmers in Arkansas have been using dicamba to kill pesticide-resistant pigweed (Palmer amaranth) [2] this growing season.

Environmental Protection Agency Approves Dicamba Ban

As a result of these problems, the Environmental Protection Agency has seen a record number of complaints of Dicamba drift-damaged crops. The Arkansas Plant Board voted in June 2017 for a ban on using Dicamba [3] outside of pastureland, pending the governor’s signature.

Related Article:  Chlorpyrifos Pesticide Lawsuit

Dicamba Toxicity

Dicamba exposure is moderately toxic by ingestion, inhalation or dermal contact, according to the Pesticide Management Education Program (PMEP) at Cornell University. Signs and symptoms of poisoning include:

  • Loss of appetite (anorexia)
  • Vomiting
  • Muscle weakness
  • Slowed heart rate
  • Shortness of breath
  • Central nervous system effects (victim may become excited or depressed)
  • Benzoic acid in the urine
  • Incontinence
  • Cyanosis (bluing of the skin and gums)
  • Exhaustion following repeated muscle spasms

Inhaling dicamba can cause:

  • Irritation of the linings of the nasal passages
  • Lung damage
  • Loss of voice

Dicamba is also extremely irritating and corrosive, and can cause widespread damage to the eyes. The eyelids may swell and the cornea may be cloudy for a week after dicamba is splashed into the eyes. The chemical may also cause severe burns.

Choose our lawyers

Have you or a loved one been unreasonably injured by a dangerous or defective consumer product?

Dicamba Settlement Update

May 2022: All Claims have now been evaluated by the Claims Administrator and Notices of Field Review Status have been mailed to all Claimants whose claims have not previously been rejected. The Notices of Claim Amount will be mailed in the coming months, as the reviews of responses to the Notice of Field Review Status are completed.

The Notices of Claim Amount will first be sent to the priority Claims appearing on Schedule AA of the Settlement Agreement, to be followed by all other Claimants who have not been previously rejected.

Dicamba Vs. Glyphosate

Dicamba is considered to be even more toxic than glyphosate, the active ingredient in Roundup, which has been linked to the following serious side effects:

Has a Dicamba Class Action Been Filed?

Multiple lawsuits filed over crop damage have been alleged from off-label dicamba use. In February 2017, a class action was filed in Missouri federal courts on behalf of farmers impacted in 10 states who claim their crops were damaged by dicamba drift.

A similar multi district litigation was filed in June 2017 by a commercial farmer in Arkansas who alleges that dicamba-based herbicides caused damage [4] to a million acres of soybeans. Plaintiffs are seeking unspecified damages for damage to crops, fruits and trees that weren't dicamba-resistant.

Please visit our Dicamba FAQ page if you'd like more information about these issues.

Related: Defective Products Lawsuits

Get a Free Dicamba Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at Schmidt & Clark, LLP, is investigating potential Dicamba Lawsuits in all 50 states. If you or a loved one was injured, you should contact our law firm immediately to discuss a potential settlement payment.

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.